Chapter 11.03 REGULATION/REMOVAL OF ABANDONED SHOPPING CARTS
11.03.020 Mandatory containment.
All businesses utilizing shopping carts or similar devices and having more than twenty-five shopping carts on-site shall install and maintain a system to contain all shopping carts within the property boundaries of the business or adjacent parking area. The business shall provide signage in a conspicuous location notifying shopping cart users of the containment system in place and how said system operates.
(a) Permitted methods of containment shall include any one of the following methods:
(1) A physical barrier, such as bollards, restricting shopping carts to the front sidewalk or portion of the business;
(2) Shopping carts equipped with a protruding arm or similar device prohibiting the cart from being removed from the interior of the business;
(3) A system, which may be mechanical in nature, requiring a deposit to use a shopping cart; deposit should be of a reasonable amount that would not deter the use of the cart, but would encourage the return of the cart;
(4) Shopping carts equipped with a wheel locking mechanism that is used in conjunction with an electronic barrier along the perimeter of the area shopping carts are allowed. The wheel locking mechanism will activate when the shopping cart crosses the electronic barrier;
(5) Other methods, including an effective cart retrieval program, approved by the county manager or his designee which would accomplish the intent of this subsection. In approving containment systems, the county manager or his designee shall consider the degree of cart loss at particular stores, the impact of abandoned carts on the surrounding neighborhood and the relative cost of particular containment systems.
(b) Legal Nonconforming Businesses: Any business that is nonconforming as to on-site shopping cart containment upon adoption of this ordinance shall comply within thirteen months unless otherwise provided by law.
(c) Upon request, each business shall provide to the county manager or his designee information concerning shopping cart use, loss, recovery and the like, specific to that business location and such other information deemed reasonable to determine the adequacy of the shopping cart retention methods. Such information provided shall be confidential.
(d) Each incident and each day of failure to comply with this section shall be a misdemeanor.
(e) The county manager or his designee may waive the requirement of a containment system if it is demonstrated by substantial evidence that a business suffers no loss of carts from that location within the last year.
(Ord. 2708 § 2 (part), 2002)
11.03.030 Identification signs for shopping carts.
(a) All shopping carts shall have affixed an identification sign which includes all of the following information: the name of the owner or business, a valid phone number or address for returning the cart to the owner or business, a notice to the public that unauthorized removal of the cart from the premises or parking area is a violation or state law, and for businesses with multiple locations, a number or address from which may be established the particular location in the event the shopping cart is unlawfully removed or abandoned.
(b) Each incident of failure to comply with this section shall be a misdemeanor.
(Ord. 2708 § 2 (part), 2002)
11.03.040 Retrieval of shopping carts.
The owner of any shopping cart found abandoned in an area other than the premises or parking area of a business, shopping center or shopping complex shall retrieve the cart within thirty-six hours following the date and time the owner of the shopping cart, or his agent, receives notice from the county of the cart’s location. Failure to comply with this section will cause the cart to be impounded and a fee imposed.
(Ord. 2708 § 2 (part), 2002)
11.03.050 Impounding of shopping carts.
Any shopping cart found abandoned in an area other than the premises or parking area of a business, shopping center or shopping complex may be removed and stored by the county manager or any agent designated by him in any of the following circumstances:
(a) The cart is not marked with an identification sign meeting the requirements of Section 11.03.030.
(b) The cart marked or unmarked, has been left in a location which may impede traffic, pedestrian travel or emergency services, as determined by any public safety officer, code enforcement officer or public works supervisor.
(c) The owner of the shopping cart fails to retrieve the cart within thirty-six hours following the notice specified in Section 11.03.040.
(Ord. 2708 § 2 (part), 2002)
11.03.060 Impound fee.
Owners of any cart impounded pursuant to this chapter shall be liable for an impound fee equal to the actual cost to the county, to be determined by the county manager or his designee.
(Ord. 2708 § 2 (part), 2002)
